[HISTORY: Adopted by the Township Committee
of the Township of Kingwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-17-1999 by Ord. No. 10-7-99]
Pursuant to the provisions of N.J.S.A. 48:17-10,
N.J.S.A. 48:17-11 and N.J.S.A. 48:17-12, permission and consent is
hereby granted to Bell Atlantic — New Jersey, Inc.,
(the "company"), its successors and assigns, to install, operate,
inspect, maintain, repair, replace and remove its communications facilities
and other transmission or process equipment, including underground
facilities, such as conduits, manholes, cables, wires, and all other
facilities appurtenant thereto, and aboveground facilities, such as
cables, wires, antennas, poles, posts, supports, guys, pedestals,
cable termination and distribution cabinets and all other facilities
appurtenant thereto, in, through, upon, along, over, under and across
all of the various public streets and ways, which include the roads,
avenues, rights-of-way, sidewalks, highways, bridges, waterways and
other public places and parts thereof, throughout their entire length
and to effect the necessary street openings and lateral connections
to curb poles, property lines and other facilities in the Township
of Kingwood (the "Township") for said company's local and through
lines and other communications facilities in connection with the transaction
of its business. In the event that any public street or way where
the company has facilities is vacated by the Township, the Township
agrees to reserve unto said company the rights granted the company
by the present ordinance.
All poles, posts, pedestals, cabinets or other
facilities shall be located and placed back of the curblines where
shown on the Official Map(s) of the Township; the poles and posts,
however, shall be located as far back as reasonably possible from
the traveled portion of the roadway but within the public rights-of-way,
or as may be mutually agreed by both parties, or at the points and
places not occupied by the poles, posts, pedestals, cabinets or other
facilities of the company, its successors and assigns and, where there
are no curblines, at other convenient points or places in, upon, along,
adjacent or across the public streets and ways as may be mutually
agreed upon by the parties.
The company may bury its local and through communications
facilities such as cables, conduit, manholes and associated equipment,
fixtures, process equipment and appurtenances within the right-of-way
of the various public streets and ways and at such locations as shall
be mutually agreed upon by the parties for said company's local and
through lines and communications facilities. Underground conduits
and associated facilities, as aforementioned, shall be placed at least
18 inches below the surface of said public streets and ways and, with
the exception of lateral branches to curb poles and property lines
and other facilities, the same shall generally not be constructed
more than 10 feet from the curbline, unless obstructions make it necessary
to deviate from such course or unless the parties mutually agree to
another location. Manholes shall be located at such points along the
line of underground conduits as may be necessary or convenient for
placing, maintaining and operating the facilities, as aforementioned,
which the company may from time to time use in connection with its
underground conduit system and shall be so constructed as to conform
to the cross sectional and longitudinal grade of the surface, so as
not to interfere with the safety or convenience of persons or vehicles.
Before proceeding with any new construction
or relocation work in an area covered by this ordinance, the company
shall give prior notice, in writing, thereof to the Township, through
its designated representative, of its intention to perform such work.
The company shall obtain such street opening or excavation permits
as may be lawfully required by any applicable ordinances regulating
such openings or excavations. Any such area affected by the company
in constructing its facilities shall be restored to as good condition
or better than it was before the commencement of work thereon. No
public streets or ways shall be encumbered for a period longer than
shall be reasonable to execute the work.
The company agrees to indemnify and save harmless
the Township from and against all claims and liabilities resulting
from any injury or damage to the person or property of any person,
firm or corporation caused by or arising out of road conditions resulting
from any negligent or faulty excavations, installation or maintenance
connected with the work or equipment of said company and not attributable
to the fault or negligence of the Township, except that if such injury
or damage shall be caused by the joint or concurring negligence or
fault of the company and the Township, the same shall be borne by
them to the extent of their respective fault or negligence.
Whenever a curbline shall be established on
streets where one does not now exist or where an established curbline
shall be relocated in order to widen an existing street in conjunction
with road construction being performed by the Township, the company
shall change the location of its aboveground facilities covered by
this ordinance in accordance with applicable law, so that the same
shall be back of, and adjacent to, the new curbline, so long as the
Township has acted in accordance with applicable law and with reasonable
care in establishing the new curbline and providing notice thereof.
Any company or corporation having legal authority
to place its facilities in the public streets and ways of the Township
may jointly use the company's poles, posts, pedestals or other structures
for all lawful purposes, provided that the company consents to such
use, which shall not be unreasonably withheld and shall be considered
in a timely manner, on terms and conditions acceptable to the company
and not inconsistent with the provisions of the present ordinance.
The company shall provide space, to the extent
available, on its poles, so long as said poles are occupied by the
company, and space, to the extent available, in its main conduits
existing on the date of passage of this ordinance, but not exceeding
one duct of standard size, for the sole benefit of the Township during
the pendancy of this ordinance. Such space shall be provided for the
exclusive use of the Township, which use shall be limited to accommodating
the wires or electrical conductors required for one-way signal control
in connection with municipal police patrol, fire alarm signal control
and traffic signal control systems only but for no other uses or purposes,
either alone or in conjunction therewith, nor for circuits for the
supply of electrical energy for traffic or other signals nor for wires,
conductors, cable or the equivalent which provide a means of transmitting
any signal to a private, commercial or residential location and which
is normally provided by a nongovernmental supplier; provided, further,
that no such use or attachment by the Township shall interfere with
the plant or facilities of or the use thereof by the company. All
costs or expenses incurred by the company in connection therewith
shall be paid by the Township. It shall be the obligation of the Township
to attach its wires to the poles or place its electric conductors
in the conduits or manholes of the company, provided that before proceeding
with said work, either by itself or by a person, firm or corporation
engaged to perform such work, the Township shall give the company
30 days prior notice in writing. All such work shall be performed
under the supervision of said company. The Township will indemnify
and save harmless the company from and against all claims, liabilities
or demands arising in any manner in connection with Township's wires
or facilities or their installation, maintenance, operation or removal
or the Township's use or enjoyment of the company's plant or facilities
provided under this section.
If any or all of the said streets or ways are
later taken over by the County of Hunterdon or the State of New Jersey,
such county or state shall have such rights and privileges and be
subject to the same terms, conditions and limitations of use as apply
herein to the Township; provided, however, that satisfactory prior
arrangements as may be necessary are made with the Township and the
company for the full protection of the respective interest of each.
The term "Township" as used in this ordinance
shall be held to apply to and include any form of municipality or
government into which the Township or any part thereof may at any
time hereafter be changed, annexed or merged.
The permission and consent hereby granted shall
apply to and cover all communications facilities of the company existing
at any time and related structures, process equipment and appurtenances
heretofore or hereafter erected, reconstructed, removed, located,
relocated, replaced, maintained, repaired or operated by the company,
its predecessors, successors or assigns within the Township. This
ordinance shall cancel and supersede all prior consent ordinances
between the Township and the company regarding the subject matter
hereof.
The company shall maintain its property within
the Township and shall comply with applicable law for the provision
of safe, adequate and proper service at just and reasonable rates
and safeguard the public interest in continuous and uninterrupted
service within the Township.
In the event that any provision herein shall
for any reason be illegal or unenforceable under applicable law, such
illegality or unenforceability shall not affect any other provisions
of this ordinance, and this ordinance shall be construed as if such
illegal or unenforceable provision(s) had never been contained herein.
The company shall pay the expenses incurred
for advertising required in connection with the passage of this ordinance,
after the date of its first reading within 30 days after the company
has received a bill for said advertising from the publisher. Following
final passage of this ordinance, the Township Clerk shall provide
the company with written notice thereof by certified mail. As provided
by applicable law, this ordinance, and any subsequent amendments,
shall not become effective until acceptance thereof by the company
and approval thereof by the Board of Public Utility Commissioners.
The term of this municipal consent shall be
for a period of 10 years through April 16, 2009.
If any provision of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by any court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any such article, section,
subsection, paragraph or clause and, to this end, the provisions of
this ordinance are hereby declared to be severable.
This ordinance shall take effect upon final
adoption and publication according to the Laws of the State of New
Jersey.
[Adopted 12-20-1999 by Ord. No. 10-17-99]
Permission and consent be and the same is hereby
granted to the company, its successors and assigns to erect, construct,
reconstruct, lay, maintain and operate its underground conduits and
subways, cables, poles, posts, wires, manholes, loading coil vaults,
loading coils, including the necessary street openings and lateral
connections to curb poles and property lines, and its other fixtures
and appurtenances in, through, upon, along, over, under and across
all of the various streets, roads, avenues and highways and parts
thereof, throughout their entire length, in this Township for its
local and through lines and systems in connection with the transaction
of its business, and all of the various streets, roads, avenues and
highways and parts thereof, throughout their entire length, in this
Township, are hereby designated and prescribed for the uses and purposes
of said company as aforementioned.
All poles or posts hereafter to be erected,
constructed, reconstructed, maintained and operated shall be located
and placed back of and adjacent to the curblines where shown by Official
Maps of this Township and shall be located as far back as reasonably
possible from the traveled portion of the roadway but within the public
rights-of-way, or as may be mutually agreed by both parties, and at
the points or places now occupied by the poles or posts of said company,
its successors and assigns and at other convenient points or places
upon the streets, roads, avenues and highways adjacent to such curblines.
Said company may construct, reconstruct, maintain
and operate in its subways or underground conduits, manholes and loading
coil vaults, the wires, cables, loading coils and other electrical
conductors and appurtenances necessary in connection therewith for
its local and through lines and systems; it may also erect, construct,
reconstruct, maintain and operate the necessary distributing poles
or posts, fixtures and supports and distribute therefrom upon, along,
across, over and above the surface of said streets, roads, avenues
and highways and parts thereof such wires, cables and other electrical
conductors which it may find necessary to erect, construct, reconstruct,
maintain and operate in connection with the system of subways, underground
conduits and manholes aforementioned. With the exception of lateral
branches to curb poles and property lines, said underground conduits
shall be placed below the surface of said streets, roads, avenues
and highways and parts thereof, and said conduits generally shall
not be constructed more than 10 feet from the curblines unless obstructions
make it necessary to deviate from such course, and all underground
conduits shall be placed at least 18 inches below the surface of the
street.
A.
All manholes and loading coil vaults shall be located
beneath the surface of said streets, roads, avenues and highways and
parts thereof at such points along the line of the subways or underground
conduits as may be necessary or convenient for placing, maintaining
and operating the cables and other electrical conductors which said
company may from time to time place in said subways or underground
conduits, and shall be so constructed as to conform to the cross-sectional
and longitudinal grade or the pavement and so as not to interfere
with the safety or convenience of persons or vehicles traveling on
or over such streets, roads, avenues and highways and parts thereof.
B.
Before proceeding with the work of erecting any pole
or poles or of constructing underground conduits and cables, subways,
manholes and/or loading coil vaults under the permission and consent
herein contained, said company shall file with the Township Committee
of this Township a map or plan showing the location and size of any
such proposed pole or poles, underground conduits, subways, manholes
and loading coil vaults, which map or plan shall be first approved
by said Township Committee, or their authorized representative, before
any such work is begun as aforesaid.
The surface of the streets, roads, avenues and
highways and any pavement or flagging taken up by said company in
building its lines shall be restored to as good condition as it was
before the commencement of work thereon, and no highways shall be
encumbered for a longer period than shall be necessary to execute
the work.
Nothing herein contained shall be construed
to impose any obligation on the part of this Township to open any
streets, roads, avenues or highways or parts thereof, not heretofore
dedicated or opened to the public use, and nothing herein contained
shall be construed in any court or place as an acceptance of any unaccepted
street, road, avenue or highway or any part thereof.
Wherever the curbline shall be established hereafter
on streets where the same has not yet been established or where an
established curbline shall be relocated in order to widen an existing
street or highway, said company shall change the location of its poles
at its expense so that the same shall be back of and adjacent to the
new curbline so established and within 18 inches thereof upon receipt
of notice from the Township Clerk that the curbline has been so established.
Upon any of the streets, roads, avenues and
highways in this Township now or hereafter occupied by the poles or
posts of said company, its successors and assigns, or any other companies
or corporations having legal authority to erect and maintain poles
or posts, said company and such other companies or corporations may
use the same poles, provided they can agree so to do.
Said company shall provide free of charge to
this Township, as long as this ordinance continues in effect, space
on its poles so long as said poles are occupied by said company for
the placing by this Township of one crossarm or, in lieu thereof,
two pins on a crossarms of said company to be designated by it and
space in its main subways (not exceeding one clear duct of standard
size) to accommodate the wires or electrical conductors required for
signal control in connection with its police patrol, fire alarm telegraph
signal systems and traffic signal control systems, but not to include
circuits for the supply of electrical energy for the traffic or other
signals; provided, however, that such crossarms, wires or electrical
conductors shall not be installed, used or maintained in such manner
as to interfere with the crossarms, wires or electrical conductors
which said company, its successors and assigns may then have or may
thereafter from time to time place on its poles or in its main subways,
and said Township shall indemnify and save harmless said company from
all claim or suits for damages arising from the attachment to its
poles or the location in its main subways of any such crossarms, wires
or electrical conductors used by this Township. Before proceeding
with the attachment of its said crossarms and/or wires to the poles
or the placing of its said electrical conductors in the main subways
or manholes of said company, either on the part of itself or on the
part of a person, firm or corporation engaged to perform such work,
this Township shall give to said company 30 days' notice in writing
in order that the work may be performed under the supervision of said
company. If any or all of the said streets or highways be later taken
over by the Board of Chosen Freeholders of the County of Hunterdon,
or the State Highway Department, then such Board of Chosen Freeholders
or the State Highway Department may use the same clear duct of standard
size referred to for their respective police patrol, fire alarm telegraph
and traffic signal control systems in conjunction with the Township's
use thereof for similar purposes, but only after making such satisfactory
arrangements as may be necessary with the Township and the company
for the full protection of each other's interests.
The permission and consent given and granted
by this ordinance shall continue and be in force for a period of 10
years through December 1, 2009, and throughout the full time of this
ordinance said company, its successors and assigns shall furnish safe,
adequate and proper service within this Township and keep and maintain
its property and equipment in such condition as to enable it to do
so.
Nothing herein contained shall be construed
to grant unto said company, its successors and assigns an exclusive
right, or to prevent the granting of permission and consent to other
companies for like purposes on any of the streets, roads, avenues
or highways of this Township.
The term "Township" as used in this ordinance
in its application to the Township of Kingwood shall be held to apply
to and include any form of municipality or government into which this
Township, or any part thereof, may at any time hereafter be changed,
annexed or merged; and the term "Township Committee" or any other
term herein used in referring to the governing body of this Township
shall be held to apply to and include the governing body of such other
form of municipality.
The permission and consent hereby granted shall
apply to and cover the poles, posts, wires, cables, underground conduits
and subways, manholes, fixtures and appurtenances heretofore erected,
constructed, placed, maintained and renewed by said company or its
predecessors, under and by virtue of any and all permissions and consents
heretofore given by the said Township of Kingwood.
Said company shall pay the expenses it incurred
for advertising done in connection with the passage of this ordinance
within 30 days after the date of its going into effect.
Said company shall file with the Township Clerk
of this Township its written acceptance of this ordinance within 30
days after the date of receipt by it from the Township Clerk of notice
of the passage and approval thereof, and said ordinance shall, upon
the filing of such acceptance, become effective, subject to approval
by the Board of Public Utility Commissioners of the State of New Jersey.
If any provision of any article, section, subsection,
paragraph, subdivision or clause of this ordinance shall be judged
invalid by any court of competent jurisdiction, such order or judgment
shall not affect or invalidate the remainder of any such article,
section, subsection, paragraph or clause and, to this end, the provisions
of this ordinance are hereby declared to be severable.
This ordinance shall take effect upon final
adoption and publication according to the laws of the State of New
Jersey.
